Dundalk man who accelerated through garda checkpoint spared jail
Court of Appeal
A Dundalk man given a suspended sentence for accelerating through a garda checkpoint and damaging two patrol cars has been spared jail a second time despite a DPP appeal.
Jarlath Higgins (48), of Caraban, Ravensdale, Dundalk, Co Louth, pleaded guilty to dangerous driving at the Táin Bridge and criminal damage to two patrol cars at Faughart Lower in the early hours of November 18, 2015
The Court of Appeal heard that Higgins was driving his Renault Megane north when he encountered a garda checkpoint near the Táin bridge. He had alcohol “on board” but was not charged with drink driving. A uniformed garda signalled the Renault to stop but Higgins accelerated. The other gardaí present believed Higgins deliberately drove at their colleague, the court heard.
Sirens were activated while Higgins’ vehicle continued north. His car “violently fishtailed” before he was blocked in and he aggressively revved his engine before he was restrained. One of the gardaí was seriously injured and €7,500 worth of damage was caused to the two patrol cars.
He was given wholly suspended sentences of two years and five months and disqualified from driving for three years by Judge Michael O’Shea on May 4, 2017.
Higgins was back in court today/yesterday(MONDAY) facing a review of sentence brought by the Director of Public Prosecutions. However, the three judge Court of Appeal was not satisfied that his sentence was “unduly lenient” and dismissed the DPP’s appeal.
Counsel for the DPP, Kevin Segrave BL, submitted that Higgins’ suspended sentence was “unduly lenient” because of the speeding involved, the alcohol and the fact that Higgins had ample opportunity to “cease and desist” long before he damaged the two patrol cars. It was appropriate to jail somebody who “takes on the State in this fashion”, late at night and with alcohol on board, Mr Segrave submitted.
Higgins had no previous convictions and had never come to garda attention before or after this incident. His barrister, Fionnuala O’Sullivan BL, said her client stopped driving and hadn’t driven since the incident as an acknowledgment of his “terrible conduct” on the night.
Dismissing the DPP’s appeal, Mr Justice John Edwards, who sat with Mr Justice John Hedigan and Mr Justice Patrick McCarthy, said the court was not satisfied Higgins’ sentence was unduly lenient. The court will give reasons for its decision on Wednesday next (October 3).